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HomeMy WebLinkAboutSize, Height & Setbacks Accessory Bldg 2006Town of Southold - Letter Bo ard Meetm of 'NoL~vemb~21 20 · g , 06 RESOLUTION 2006-912 ADOPTED Item # 27 DOC ID: 2324 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-912 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 21, 2006: RESOLVED that the Town Board of the Town of Southold hereby finds that the proposed "A Local Law in relation to the Size, Heights and Setbacks of Accessory. Buildings" is classified as an Unlisted Action pursuant to SEQRA Rules and Regulations, 6 NYCRR Section 617, and that the Town Board of the Town of Southold hereby establishes itself as lead agency for the uncoordinated review of this action and issues a Negative Declaration for the action in accordance with the recommendation of L.K. McLean Associates, P.C. dated November 20, 2006, and authorizes Supervisor Scott A. Russell to execute the Short Form EAF in accordance therewith. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H, Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Generated November 28, 2006 Page 55 SOUTHOLD TOWN BOARD PUBLIC HEARING November 21, 2006 5:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of October 2006 a Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT ROOF--Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING, ACCESSORY STRUCTURES -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the b ilding before any alteration or fill '^ ~'~ ~':~*'~' ~:~' ~c,~. .... ceA. ~ .... .~ ...... .~ ........................ ~ ....................... , ........... vv ....... to e owest point of the eaves for flat and low-pitched roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF--An,/roof that has a pitch equal to or greater than 4:12. § 280-15. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R- 200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed e/gktczn (!8) sixteen (16) feet in height for flat/shallow roof and shall be setback at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height Minimum Setback (square feet) (feet) (feet) Less thanl0,000 18 3 Less thanl0,000 20 5 Lessthanl0,000 22 10 10,000-19,999 18 5 10,000-19,999 20 15 10,000-19,999 22 20 20,000-39,999 18 10 20,000-39,999 20 15 20,000-39,999 22 20 40,000 -59,999 22 15 60,000-79,999 22 20 80,000and over 22 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed five percent (5%) of the total lot size. IlL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. I have a notice here that the public notice has appeared out on the Town Clerk's bulletin board. I don't have in the file the official notice that it has appeared in the Suffolk Times but I know that it has. The Town Clerk has indicated that it has been published, although I don't have the actual authorization in front of me. And now, I have several communications from interested parties. The first is from McLean Associates, the engineer who has done the SEQRA on this. "As requested by the Town, our office has reviewed the proposed action to be taken by the Town. The proposed local law is classified as an unlisted type of project in accordance with Title XI, as such the action requires a determination of significance by the Town and a SEQRA review and see attached EAF." And indeed there is an attached, fully completed EAF in the file here. I have, dated November 21, a memo from the Planning Board and I will read that as follows. "The Planning Board is in receipt of the request for comments regarding this proposed local law. While we support legislation that ultimately limits the size, height and setbacks for accessory structures, we do not support the legislation as proposed for the following reasons: 1. The definition section of the zoning regulations does not extinguish between accessory buildings and accessory structures, therefore, it is unclear that the proposed changes affect only buildings or both buildings and structures, particularly as it relates to setbacks and maximum size. After speaking with the Building Department, it is likely that an interpretation will be made that will include buildings and structures. 2. The 5 percent limitation on the size of accessory buildings on lots over 60,000 square feet appears to be excessive. Based on this limit, a 60,000 square foot parcel could be improved with a 3,000 square foot accessory building. On the other hand, if this limitation is interpreted to include accessory buildings and structures, the 5 percent maximum may be too restrictive, when including swimming pools, tennis courts and other structures that are not considered buildings. 3. It is unclear whether or not the existing section 280-15C of the Town code, which deals with accessory buildings and structures on waterfront parcels, is being removed entirely from the code. We recommend that the provisions for waterfront parcels remain in the code. 4. The Planning Board is concerned with the implications that agricultural structures may have on this legislation. For example, a vacant five acre parcel of land receives a building permit for a principal agricultural structure of 5,000 square feet; two years later, a new building permit may be issued for a single family residence. Will the agricultural structure become accessory to the residence? And if so, will that potentially make the accessory structure non-conforming? The Planning Board requests that prior to moving forward with this legislation, the Board consider these comments." And I don't believe there are any more substantive comments. There is something from the Planning Commission of Suffolk County, "Pursuant to the requirements of the Suffolk County Administrative code, this application which has been submitted to our commission is considered to be a matter for local determination as there is no apparent county-wide or inter-community impact." I think that is all the substantive comments. SUPERVISOR RUSSELL: Would anybody like to come before the Town Board and address this particular local law as proposed? Mr. Nickles? JOHN NICKLES, JR.: John Nickles, Junior, Southold. I don't understand where some of these restrictions came from. Looking at placing the square foot restriction essentially kind of puts somebody in the box from having maybe a little less than a two car garage up to a two and a half car garage. And that seems to be okay for any size lot below 10,000 square feet and all the way up to an acre and a half. I think that is too arbitrary and restrictive. The code is based upon a percentage of lot coverage when we are talking about principal dwellings, I believe that that (inaudible) accessory buildings as well. I think that some of the previous notes on this had this Board looking in that direction and for some reason maybe this was abandoned, I am not sure why. But the Town Board could certainly figure out what percentage might be appropriate. Maybe it is going to two percent or three percent of lot, of lot square footage and having at least a minimal requirement that somebody could at least fit a one car detached garage as an accessory structure. (Inaudible) I think it would be easier. As far as building height goes, I think there should be an architectural consideration in there that no accessory building should be higher than the principal building. So if you have a ranch and the ranch happens to be 16 feet high, then I think it is certainly lawful and appropriate to say that the accessory dwelling shall not be as tall as the ranch house. And yet you have other properties where you have larger houses and you might have a 28 foot high house. It might be appropriate to have a 20 foot or a 22 foot high accessory structure. So I think that as far as building height goes, it ought to be related to the percentage of the principal dwellings height and I think that that would be fair and easy to interpret for everybody. I am thinking something like 80 percent of the height of the principal dwelling, might be a good suggestion. On the setbacks, one of the things that is left out of this code, I think, if you are really trying to make it better for the neighbors that might have the accessory building going up in their side yard or their rear yard, I think that what is important is where is the location of that going to be? So if you have two pieces of property and one person has their house up on the front and another person has their house back in the middle and the property owner who has their home closest to the street decides they want to put an accessory detached two car garage in the back, according to this law, you can still build that thing three feet from the side yard, which might actually be right next to that house. So I think there should be a standard in here that says that in that case the minimum setback would have to be your principal dwelling setback, otherwise, then I think it would be appropriate to set three foot, five foot setback, I think is not hurting anybody because it is not going to be right immediately in somebody's side yard where they are looking at somebody's garage, whether they like it or not. I think that that is inappropriate. So if the proposal falls short on that, I think that that should be looked at. As far as the farm properties go, I think there are many properties out there that have a one acre parcel or a three-quarter acre parcel or an acre and a quarter and that is where the primary homestead is and there might be a number of farms on the property and it is used to serve this larger property that they own which are purely farming, so I think you have to look at that and say well, if the requirement is that you are not going to be able to build more than 750 square foot accessory building unless you have over an acre, acre and a half of land, you might be impeding the growth of agricultural operations out here. Because a lot of times they are operating (inaudible) After these comments, I think if you can make things based upon a percentage of standards that are already operating out of the code book, they will be easier to interpret and easier to enforce. SUPERVISOR RUSSELL: Okay, thank you. Mr. Strang? GARRETT STRANG: Good evening, Garret Strang, architect. Southold. I have just had brief occasion to have, to bring myself to speed on this particular proposed legislation and I have got some questions, I haven't totally formulated my thoughts on it yet. I would like to share what I have together at this point with the Board. Having heard the correspondence that was submitted from the Planning Board, I think they are right on track with their thoughts. I think Mr. Nickles, I think he had some great ideas. I know similar legislation came up at public heating several years ago, there were some comments that were made at that time, there were some comments I made at that time, many of which I still believe. Some of them are new, some of them I would like to reiterate if I may take a moment of your time. SUPERVISOR RUSSELL: Absolutely. MR. STRANG: I have a question to begin with. What exactly is the primary reason behind this code change? There has been some concurrence that it has to do with (inaudible) with accessory structures, I hope that is not the case. SUPERVISOR RUSSELL: I have raised that issue. The reality is, is that if you are talking about the illegal or non-sanctioned use of these accessory structures, this law doesn't even begin to address that, because no matter what the size or shape of the structure, it is not where the building, how high it is or where it is on the property; it is the gumption of the owner that governs that. MR. STRANG: That is true. And that is not a zoning issue as much as an enforcement issue. SUPERVISOR RUSSELL: Enforcement and clear, specified language in the code. MR. STRANG: I don't think zoning can address that. I think it is enforcement or existing zoning that should address that. SUPERVISOR RUSSELL: Probably both. COUNCILMAN ROSS: But on the other hand, it has been the case where there have been accessory structures that have been, really, the same size as the principal structures and are of greater size than you would think an accessory structure should be. And this is trying to get a grip on that and while the use issue is out there, that is not the purpose here. The purpose here is to control, limit and to put some rationality behind the size of the accessory structure. And your comments at the last hearing were critical and we tried to incorporate them, in fact. It was a blueprint, of sorts. MR. STRANG: I admire the fact that this issue is being addressed, I think it is timely one, that needs to be addressed and generally (inaudible) but I do see certain things that need to be (inaudible) SUPERVISOR RUSSELL: Right. MR. STRANG: Let me move into some of the (inaudible). Roof pitches, I mentioned that I believe the last time and I will bring it up again today, I believe a low or flat pitched roof should be defined as one that is less than a 2 on 12 pitch. I believe a 4 on 12 pitch roof is a traditional pitch for a single story, if you will, cottage or ranch type home. I believe a low pitched roof is more traditionally considered and in a field, anything under a 2 on 12 or 2 on 12 or under. With that being said, if you were to have a home or not a home but an accessory building that was based, and this is in conjunction with another point, I will bring that point up also, you are measuring the height of a flat or low pitched roof structure or building, I should say, to the lowest point of the eave. It really should be measured to the highest point of the eave. Because if you had a, two structures both or two buildings both the width of a two car garage, let's say 24 feet, and you have a 3.9 pitch. If you ran it up from low end to high end, that building would be taller and more massive than what you are permitting (inaudible) sloped pitch roof. I think there are some issues that really need to be looked into more. SUPERVISOR RUSSELL: Okay. MR. STRANG: Some thoughts I had with respect to building height versus setback. Mr. Wickham indicated there is a sliding scale, I don't know if he means by that the chart that has been presented in this... COUNCILMAN WICKHAM: Yes. MR. STRANG: Or, I think that needs to go a step further in that this should be and it has made it easier for everyone to understand and for the Building Department to enforce, that there be a straight line interpolation between those points. For example, and I will just take one of the line items out of there, it mentions that if you had an 18 foot high building in a certain lot size, you have 10 foot back from the property line, if that building were 20 foot high, it would need to be 15 foot back. I am proposing that you may want to consider the interpolation between those two, that for every inch the building grows, another two and a half inches it has to move away from the sideline. If you don't do that, you are going to have basically a 19 foot 11 inch tall building ten feet from the property line and that is going to meet the code. And I don't think that is what you are trying to accomplish so, something to think about. Another thought, there is no addressing anywhere in here with respect to if building a dormer is going to be permitted on an accessory building or not. I think that has to be addressed because you could have dormers in a building and it will still meet the codes and they may be fine or they may be obtrusive, depending on the situation. The other point that I would like to bring up is with respect to, I guess, section C. I believe in all fairness to everyone who is a property owner, that the accessory building size should be as similar to what Mr. Nickles proposed, should be proportionate to, in my opinion, not the lot area itself but proportionate by a percentage of the lot or the rear yard area that is where the accessory structure is going to go. So for example, you had a 20,000 square foot lot and the house was placed on the lot and allowed for there to be 5,000 square foot in the rear yard; if you were to say, well, you can have 12 % of that rear yard area for accessory structures (inaudible) a 600 square foot structure which would accommodate a two car garage. Obviously, is that the rear yard reduces an area the size of an accessory structure reduces so if someone were to opt to move their home further back on the property when they build it, thereby reducing the amount of square footage in the rear yard, the accessory building would be proportionately smaller, especially in relationship to the two structures next to each other. I think it is also easier, again, for the Building Department to make an assessment as to whether it is conforming or non-conforming. It is just a basic percentage of a fixed, square foot area. Aside from the fact that the point that the Planning Board brought up that there was nothing addressing these types of accessory structures on waterfront parcels, that is the only other point that I would have wanted to make. I can save that, I guess, for the next time. SUPERVISOR RUSSELL: Thank you. MR. STRANG: Thank you for your time. SUPERVISOR RUSSELL: Thank you, Garrett. Thanks for the suggestions. Would anybody else like to address the Town Board on this issue? This public heating? Mrs. Oliva. RUTH OLIVA: Ruth Oliva, from the ZBA. I think we look at it from a little different perspective than Mr. Strang and Mr. Nickles. (Inaudible) primarily to smaller lots, I often see that and think there is more work that should be done on the larger lots, on the agricultural lots. Smaller lots that do have a definite size and setback (inaudible) 18 foot height and it is setback five feet instead three feet from the property line, it gives a better street appearance. That is the whole beauty. And we have an awful lot of those, you see so many of them. And people have small houses, they don't have the room to expand so they want to put another floor on their garage and that presents a problem, because is it going to be just for their use? Or is it going to be for somebody else? And I know you don't want to hear use but that is what we see all the time. And that, so it refines and just having a 1 floor or 22 foot or 18 foot, with a full downstairs, kind of limit that. I don't want to say they can't do it, people can do whatever they want. And it is a matter of enforcement. I think also you have to look at the neighbors. We have so many people come in, that somebody is putting up an accessory structure next to them, three foot on the property line and they are not too far off because (inaudible) well, how do we know? And here they are going to sit here and look at this great big tall wall and the air space, and the feeling of comfort, it is just not there. So that is why we would like to see something done with this, especially with the small lots. I will say that you do have to look at that. And just as another (inaudible) the accessory apartments law was passed over 10 years ago. No one can build an accessory apartment in their house unless their house was built in 1984, as you know. I think it is time to update that, to perhaps 1990 or maybe even 1994. I would like the Board to think about that. Thank you for your attention. SUPERVISOR RUSSELL: Thank you very much. Mr. Nickles. MR. NICKLES, JR.: As I have been looking over this, I have been making the assumption that the square foot restriction was with regard to footprint... COUNCILMAN WICKHAM: Regard to what? SUPERVISOR RUSSELL: Footprint? The square footage? Yeah, the lot coverage. Yeah. MR. NICKLES, JR.: I didn't see that word used anywhere in the law. SUPERVISOR RUSSELL: The lot coverage. MR. NICKLES, JR.: Does it say lot coverage? SUPERVISOR RUSSELL: Yeah, I thought so. Lot area. MR. NICKLES, JR.: That is just something I missed. SUPERVISOR RUSSELL: Yeah. MR. NICKLES, JR.: That is not clear, then it might be some interpretation somewhere. SUPERVISOR RUSSELL: Yeah, I actually personally think that it is a legitimate goal for the Town to limit the size and the height of these structures. I am just not sure if this was the most artful way of doing it, so that is why and as the Planning Board raised those concerns, I want to maybe take another look at this. MR. NICKLES, JR: I appreciate that, thanks. SUPERVISOR RUSSELL: Thanks. Anybody else? Mr. Wills. FRANK WILLS: Good evening, Frank Wills, Mattituck. My only concern is that the height depending on the new accessory is too great. I would urge the Board to cut them down, just as I consider a 35 foot (inaudible) is also too high because they are too visible. So even the area around 25, 30 in 600 square feet is a building, I mean, it is not a monster but it to me as accessory, it is excessive. Enough said. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? (No response) COUNCILMAN KRUPSKI: Would you entertain a notion to table this hearing until we can review some of the comments? JUSTICE EVANS: I think we should close the heating and then review. SUPERVISOR RUSSELL: Yes, I would close the heating because we are closing the heating on the specific language and we can always have a new hearing, if it changes. COUNCILMAN WICKHAM: I would like to close the hearing and I would like to hold another meeting or two of the Code Committee and I would like people who have questions about this and Planning Board people to attend that meeting and I would like to tweak it further. I sense from the people who spoke, broad support for what we are trying to do but technical questions about some fine tuning. And that is all helpful and legitimate and I hope we can schedule a meeting, not this week but the following week. And I would be grateful to meet people in the hall afterwards to try to find a time that can work for people. SUPERVISOR RUSSELL: Good. Can I get a motion to close? Southold Town Clerk PLANNING BOARD MEMBEI~S JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Scott Russell, Supervisor Members of the Town Board From: Jerilyn B. Woodhouse, Chairperson Members of the Planning Board Date: November 21, 2006 Re.' "A Local Law in relation to the Size, Height, and Setbacks for Accessory Buildings" The Planning Board is in receipt of your request for comments regarding the above- referenced Local Law amendment. While we support legislation that ultimately limits the size, height and setbacks for accessory structures, we do not support the legislation as proposed for the following reasons: The definition section of the Zoning regulations (Section 280-4) does not distinguish between accessory buildings and structures. Therefore, it is unclear if the proposed changes affect only buildings or both buildings and structures, particularly as it relates to setbacks and maximum size. After speaking with the Building Department, it is likely that an interpretation will be made that will include buildings and structures. The five percent (5%) limitation on the size of accessory buildings on lots over 60,000 square feet appears excessive. Based on this limitation, a 60,000 square foot parcel could be improved with a 3,000 square foot accessory building. On the other hand, if this limitation is interpreted to include accessory buildings and structures, the 5% maximum may be too restrictive when including swimming pools, tennis courts or other accessory structures that are not considered buildings. It is unclear whether or not existing Section 280-15(C) of the Town Code, which deals with accessory buildings and structures on waterfront parcels, is being removed entirely from the Town Code. It is recommended that the provisions for waterfront parcels remains in the Code. The Planning Board is concerned with the implications that agricultural structures may have on this legislation. For example, a vacant 5-acre parcel of land receives a building permit for a principal agricultural structure of 5,000 square feet. Two years later, a new building permit is issued for a single-family residence. Will the agricultural structure become accessory to the residence? If so, will that potentially make the accessory structure non-conforming? The Planning Board requests that prior to moving forward with the proposed legislation, the Town Board considers these comments. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11,2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory, Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals SI'~gh~mre~, ~c~*ved By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEAR1NG on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory. Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Sig~mture, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title:-~ (JLc4qJ DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net R~CzI~:D OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachmems cc: Suffolk County Depmtment of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Depmtment Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signam~~ Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ! ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings." Please sign the duplicate of this letter an~i~ return to,me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold T~.~n Assessors Southol n Building Department Please print name//~ / 'J ' Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in ·elation to the Size~ Height and Setbacks for Accessory. Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc$ Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Deptuhuent Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Receiv'e~d'B y · Please print name Date: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size, Itelght and Setbacks for Accessory. Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments cc: Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors South3~d Town Building Department Sig~amt~, Received By Please print name Elizabeth A. Neville Town Clerk Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Com~nission Town of Shelter Island~,~ Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Recei'ved By v Please print nacre DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Date: Title: ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARiNG on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory. Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By / Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 11,2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net £ECEIV~-D PLEASE TAKE NOTICE that the Town Board of thc Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size, Iteight and Setbacks for Accessory Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Date: iO[O~ Lo.cfi Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLEt TOWN OF SOUTHOLD October 11, 2006 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net RECEIVED OCT 2 4 006 ZONING BOARD OF APPEALS PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEAR1NG on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory, Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments CC: Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees c..-."Southold Town Board of Appeals Sig~hn-e,'Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK NOV. 21, 2006 8:~4AM LI[A%A NO. 917 P. 1 L. K. McLean Associates, P.C. 437 South Country Road - BrookhaYen * N~'w York * 11719 (631) 286-8668 1. FAX (651) 286-6314 EUGENF F. OALY, P.E.. P,T.O,E.TM, PRESIDENT a~l G.E.O. RAYMOND G. DiBIASE, P_F__, p.T.O.E,TM, EXECUTIVE ViCE PRESIDENT JOSEPH F, CMNE, P.E,, VICE PRESIDENT ROy R, FULKERSON, P.i.,S., VICE PRESIDENT ALBERT T. DA~'S ON, P,E., VICE PRESIDENT Mrs. Patricia Firmegan Esq., Town Attorney Town of Southold 53095 Route 25 P.O_ Box 1179 Southold, N.Y. 11971-0959 November 20, 2006 CONSULTING EN GINI~EP.S Associates CHRISTOPHER F. DW~ER ./AMIS L. D~KONING, P.E. ROBERT A~ STEELE, p.E. 2 1 SEQR for Proposed Town Code Change - Proposed local law "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" - Chapter 280. LKMA Project No. 04010,009 Dear Mrs. Firmegan: As requested by the Town of Southold, our office has reviewed the proposed action to be taken by the Town of Southold az defined in the October 3, 2006 Resolution received from your office. The proposed local law to the Town's Zoning Code is classified as a SEQRA Unlisted Type Project in accordance with Title 6 of the New York Code of Rules and Regulations. As such, the action requires a determination of significance by the Town (Lead Agency) and a SEQR review (see attached SE~4F). The revisions to the Code, as defined in the attached resolution, are intended to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. The action is being offered to update existing standards so as to reduce the impact of accessory buildings on adjoining residences with respect to lot size. Individual projects cannot be evaluated at this time. Our office is confident that adherence to the local codes and ordinances enacted by the Township will prevent a project from creating adverse impacts to the environment. Please refer to the attached Short Environmental Assessment Form and complete Part lIl as Lead Agency. Based upon the proposed changes to limit the size, height and extend setbacks for accessory buildings (yielding no significant adverse knpacts), our office recommends a negative declaration be issued by the Southold Town Board. If you should have any questions regarding the content of this evaluation by our office please do not hesitate to contact this office directly. CFD:cfd CC: Town Board w/enc. LKMA File Copy w/enc. Very Truly Yours Christopher F. Dwycr Associate · Foundedin 1950 NOV 21. 2006 8:34AM NO. 917 P, 2 6172O Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Pro.~ect Sponsor) I. APPLICANT/SPONSOR /2.' PRoJEcT NAME CHRISTOPHER F. DWYER, ASSOCIATE / PROPOSED TOWN CODE CHANGE - ACCESSORY BLDGS. 3. PROJECT LOCATION: Municipali[y TOVv'N OF SOUTHOI~ County SUI~FOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provicle map) 53095 ROUTE 25 - TOWN HALL SOUTHOLD NEW YORK 1197I 5. PROPOSED ACTION IS: [] New [] EXpansion [] Uod[flcallon/alterati0n 6. DESCRIBE PROJECT BRIEFLY: THE TOWN IS PROPOSING CHANGES TO THE LOCAL LAW IN RELATION TO SIZI~, IIBIGHT AND SETBACKS FOR ACCESSORY BUILDINGS. THE MODIFICATIONS CONSIST OF CHANGING THE METHOD IN DETERMINING HEIGHT, DECREASING THE MAXIMUM HEIGHT FROM 15' TO 16' AND INCREASING MINLMUM SETUP DISTANCES (BY HGT.). 7. AMOUNT OF LAND AFFECTED: Initially V.'Ju acres Ultimately O,UL) acres 8, WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe bdefly WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Indusb'ial [] C0rnmer~al [] Agriculture [] PaddForesf~Open Space [] Other Deecnbe: THE CHANGES SHALL APPLY TO THE LOW-DENSr'rY RESDIENTIAL (K-40) ZONING DISTRICT, AS WELL AS THE R-80, R-120, R-200, R400 AND AGRICULTURAL -CONSERVATION (A-C) ZONING DISTRICTS. 10. BOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STAT~ OR LOCAL)? [] Yes L~ No If Yes, list agency(s) name a~ld permiVapprovals: 11 DOES ANY ASPECT QF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(e) name and permit/approvals; NOT APPLICABLE - CUP.RENT TOWN CODE 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING pERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE App~icantJsponsor name: L.K. McLEAN ASSOCIATES PC, CHRISTOPHER F. DWYER Date: 11-20-06 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment , OVER NC,¥ 21. 2006.,34AM NO, 917 P. 'PART il - IMPACT ASSESSMENT (T(~completed by Lead Agency) A DOES ACTION F. XCEED ANY TYPE I THRESHOLD iN 6 NYCRR, PART 617,47 If yes, ccc~dlnate ~te review process and use the FULL EAF. ~]Yes ['~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, s negatDs declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN A.NY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (,A~swe~ may be handwTitten, ~f legible) C1, Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pa[tern, soli,~ waste prnduct~on or disposal, potential for erosion, drainage or flooding problems? Explain bdefly; NON1~ c2. Aesthetic, agricultural, archaeological, hintod¢, or other natural or cultural resources; or community or neighborhood character? Explain briefly: NONE C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species7 Explain bdefly: NONE C4. A oommunlty's existing Diane or geal$ as officially adopted, or a change In use or intenaty Of use of land or other natural rar~urces? E.xplaln briefly; NOI~/~ C5. Growth, subsequent development, or related activities likely to be i0duced by the proposed action? Explain briefly: NONE C6, Long term, short farm, cumulative, or other effects not identified ]n C1-C$? Explain briefly; HOI',TE C7 Other impac'~ (including changes in use of either quantity m' type of energy)? E×plain bdefly: WILL TH~ PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~ ~ No If Yes, explain briefly: IS TH ERE. OR IS THERE LIKFLy TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each edveme effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (e) setting (i,e. urban or rural); (bi probability of occurring; (c) duration; (d) irreversibillty; (e) geographic scope; and (0 magnitude. If necessary, add attachment~ or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D oi' Par[ [I was checked yes, the d etermination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if you have idenfifled one or mae potentially large or signiflcant adverse impacts which MAY occur. Then proceed directly to The FU Lt EAF and/or prepare a positive declaration. ] ChecKthls box lfyou have detam~ined, based on theinformatlon aedenal~is above and anysupporting docurnentat[cn, ~hatthe proposed action WILL NOT result in any signifisant adverse environmental impacts AND provide, on afiachments as nec. essa~J, the masons supporting rh[s determination TO'~VN OF SOUTHOLD 11-20-06 Name of Lead Agerley Dat~ Pdnt or Type Name of Responsible Officer ig Lea(J Agency Signature of Responsible Officer in Lead Agency T~e of Responsible Officer Signature of Prepare(If different from respons~l& officer) DEPARTMENT OF PLANNING OCOLJNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE November 8, 2006 Ms. Elizabeth Neville, Town Clerk Town of Southold Planning Bd. 53095 Main Road - P.O. Box 1179 Southold, NY 11971 Applicant: Town of Southold THOMAS ISLES, AICP DIRECTOR OF PLANNING $out~olaqf,~al~lerk Zoning Action: Amendment "Size, Height and Setbacks of Accessory Buildings", Sections 280-4 and 280-15 Public Heating Date: 11/21/06 S.C.P.D. File No.: SD-06-05 Dear Ms. Neville: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application, which has been submitted, to the Suffolk County Planning Commission is considered to be a matter for local deterrmnation as there is no apparent significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Thomas Isles, AICP ChiefPlanner APF:cc G:\C CliO RNY~ZON IN G~.ON IN G~WO RKIN G\LD20OSLMA'~BR04-105.APR LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P.O. BOX 6100 · (631) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER (631) 853-4044 Town of Southold Board of November 8, 2006 RESOLUTION 2006-877 ADOPTED Item # 40 DOC ID: 2286 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-877 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 8, 2006: RESOLVED that the Town Board of the Town of Southold hereby authorizes Supervisor Scott A. Russell to retain L.K. McLean Associates~ P.C. to complete a SEQRA review in connection with the Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings", pursuant to their proposal dated November 2, 2006, at a cost not to exceed $375.00, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski .lr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .lt. Generated November 9, 2006 Page 48 ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 Re: Resolution No.'s 801, 832, & 833 regarding proposed Local Laws in relation to "Size, Height and Setbacks for Accessory Buildings" "Amendments to Penalties" "Amendments to compliance to site plan conditions" of the Code of the Town of Southold Thomas Isles, Director of Planning Suffolk Cotmty Department of Planning Post Office Box 6100 Hauppange, New York 11788-0099 Dear Mr. Isles: The Southold Town Board at their regular meetings held on October 3, & 17, 2006 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Planning Commissions recommendations with regard to these proposed local laws and forward them to me at your earliest convenience. These proposed local law have also been sent to the Southold Town Planning Board for their review. The date and time for the public heatings is 5:00PM, 5:05 PM, & 5:10 PM Tuesday, November, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ~eville Southold Town Clerk Enclosures, ( 3 ) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD October 24, 2006 Re: Resolution No.'s 801,832, & 833 regarding proposed Local Laws in relation to: "Size, Height and Setbacks for Accessory Buildings" "Amendments to Penalties" "Amendments "Compliance to site plans conditions" of the Code of the Town of Southold Jeff Woodhouse, Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Dear Ms. Woodhouse: The Southold Town Board at their regular meetings held on October 3, & 17, 2006 adopted the above resolutions. Certified copies of same are enclosed. Please prepare official reports defining the Planning Board's recommendations with regard to these proposed local laws and fonvard them to me at your earliest convenience. These proposed local laws have also been sent to the Suffolk County Planning Department for their review. The date and time for the public heatings is 5:00 PM, 5:05 PM, & 5:10 PM Tuesday, November 21, 2006. Should you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, ' Neville~~ Southold Town Clerk Enclosures (3) cc: Town Board Town Attorney ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER CC) T own-fi~-I all, 530~M ain Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTItOLD October 11, 2006 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on November 21, 2006 at 5:00 P.M. on the proposed Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings." Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. Attachments Elizabeth A. Neville Town Clerk Suffolk County Department of Planning Village of Greenport Town of Riverhead Southold Town Planning Board Southold Town Assessors Southold Town Building Department Long Island State Park Commission Town of Shelter Island Town of Southampton Southold Town Trustees Southold Town Board of Appeals Signature, Received By Please print name Date: Title: DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 3rd day of October 2006 a Local Law entitled "A Local Law in relation to the Size~ Height and Setbacks for Accessory, BufldinllS" end NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public heating on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November 2006 at 5:00 p.m. at which time all interested persons will be given en opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory, Buildings" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height end Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: L Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods end reduce confusion among applicents end town officials. These chenges will reduce the impact of accessory buildings on adjoining residences. These chenges shall apply to the LOw- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 end Agricultural-Conservation (A-C) zoning districts. II. Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. FLAT ROOF--Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING, ACCESSORY STRUCTURES -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, '~ '~ ~;~u~., ~, Ac ,~. .... c c~ *~ ~+ n-.~ to the lowest point of the eaves for fiat and low-pitched roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF--Any roof that has a pitch equal to or greater than 4:12. § 280-15. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed zigktc:nx.v/t~ ox sixteen (16) feet in height for flaff~hallow roof and shall be setback at the minimum required for a sloping roof. Builcling~ with a sloping roof shall be subiect to the following height and setback limitations: Lot size Maximum Height Minimum Setback (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 -59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 1991] C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed five percent (5%) of the total lot size. IlL Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Dated: October 3, 2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEMBER 2, 2006, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Planning Board Town Clerk Bulletin Board Town Board Members Building Department Town Attorney Zoning Board of Appeals STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~c~ day of/. ~ ~ ,2006, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing November 21, 2006 at 5:00 p.m. C~} Elizabdtl~ ~,. Ne---~fle- Southold Town Clerk Sworn before me this ..~ day of ~ 2006. ~ Notary Public LYNDA M. BOHN NOTARY PUBLIC, State o~ Ne~ ~ No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 ..~ Town of Southold - Letter Board~eeting of October 3, 2006 RESOLUTION 2006-801 ADOPTED Item # 31 DOC ID: 2211 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-801 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 3, 2006: WHEREAS, there has been presented to the Town Board of the Town of Southold, Suffolk Comaty, New York, on the 3rd day of October 2006 a Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory, Buildings" now, therefore, be it RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 21st day of November 2006 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed local law entitled, "A Local Law in relation to the Size~ Height and Setbacks for Accessory Buildings" reads as follows: LOCAL LAW NO. 2006 A Local Law entitled "A Local Law in relation to the Size, Height and Setbacks for Accessory Buildings" BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. Purpose- The purpose of this Local Law is to establish clear standards governing the maximum building height, size and setbacks for accessory structures, in order to further preserve the character of single-family neighborhoods and reduce confusion among applicants and town officials. These changes will reduce the impact of accessory buildings on adjoining residences. These changes shall apply to the Low- Density Residential (R-40) zoning district, as well as the R-80, R-120, R-200, R-400 and Agricultural-Conservation (A-C) zoning districts. II.Chapter 280 of the Zoning Code of the Town of Southold is hereby amended as follows: § 280-4. Definitions. Generated October 6, 2006 Page 39 Town of Southold - Lette~ Bo~Meeting of October 3, 2006 FLAT ROOF--Any roof that has a pitch of less than 4:12. HEIGHT OF BUILDING, ACCESSORY STRUCTURES -- The vertical distance measured from the average elevation of the existing natural grade adjacent to the building, before any alteration or fill, t.~ '~'~ u:~k~, ~:_, ~,~ .... ~' ~:~- *~, ~-~ ...... .~ -~:~ ~ ,~ ,~ ..... ~;..k, k~,. ..............~.~a~e^.~,~.~, ...... ~ th I tp i fth fo fl dl .................... ~, .......... Je ....... to e owes o nt o e eaves r at an ow- pitched roofs, and to the highest point of the ridge for sloping and other type roofs. SLOPING ROOF--Any roof that has a pitch equal to or greater than 4:12. § 280-15. Accessory buildings. In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Such buildings shall not exceed ~ sixteen (16) feet in height for flat/shallow roof and shall be setback at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Lot size Maximum Height Minimum Setback (square feet) (feet) (feet) Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000- 19,999 18 5 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000- 39,999 18 10 20,000- 39,999 20 15 20,000- 39,999 22 20 40,000 -59,999 22 15 60,000-79,999 22 20 80,000 and over 22 25 Generated October 6, 2006 Page 40 Town of Southold - Letter Boar~l~eeting of October 3, 2006 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet, and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed five percent (5%) of the total lot size. III. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not effect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. Effective date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by law. Strike-through represents deletion. Underline represents insertion. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZMOUS] t4OVER: Albert Krupski Jr., Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Russell, Krupski Jr. ABSENT: William P. Edwards Generated October 6, 2006 Page 41